WHITPAIN TOWNSHIP PLANNING COMMISSION SEPTEMBER 2020
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WHITPAIN TOWNSHIP PLANNING COMMISSION
SEPTEMBER 2020
The eighth meeting of the Whitpain Township Planning Commission for the year 2020 was held
on Tuesday, September 8, 2020 as a video conference using Zoom video technology. Chair
Kenneth Corti presided with Planning Commission members Vice Chair Richard Shorin, Secretary
Cathy McGowan, Joe Habboush, Kent Conway, John O’Hara, Joseph Fay and Alternate members
Kurt Zintner, John Miller and Natalie Macy. Township Planning Consultant E. Van Rieker,
Township Engineer James E. Blanch, P.E., Zoning Inspector Conor McCann, IT Director Nicole
Leininger and Recording Secretary Courtney Clemmer were also present.
Chair Corti called the meeting to order at 7:00 PM. Chair Corti introduced the members of the
Planning Commission and Township Staff introduced themselves to the public that were present.
IT Director, Nicole Leininger, explained how to use the Zoom technology for the meeting.
1. Approval of Minutes
Chair Corti called for any comments or questions on the August 11, 2020 meeting minutes
from the Planning Commission, Township Staff or the audience. There being none, Vice Chair
Shorin made a motion, seconded by Mr. O’Hara to approve the minutes of the August 11, 2020
meeting of the Planning Commission. Chair Corti made a formal roll call vote: Vice Chair
Shorin, aye; Secretary McGowan, aye; Mr. Habboush, aye; Mr. Conway, aye; Mr. O’Hara,
aye, and Chair Corti also voted to pass this motion. Mr. Fay abstained from the vote as he was
absent from the August 11, 2020 meeting. The motion passed 6-0.
2. Review of a Land Development Plan for 1950 Skippack Pike (LD-2-20). This application
involves the construction of a 101,913 square ft. self-storage facility on a lot of approximately
3.27 acres of property located at 1950 Skippack Pike, which is located on the southern side of
Skippack Pike between North Wales Road and Ashford Lane. Access to the land development
is proposed from a new driveway located off of Skippack Pike. The property is zoned R-1/R-
2 Residential Zoning District.
Present for the Applicant: Joseph Gambone, Gambone Management Company
Robert Blue, Engineer
Mr. Gambone explained that the application was presented to the Planning Commission and
the Board of Supervisors once before in late 2019 for use approval as a self-storage facility.
Mr. Gambone said that in December 2019, the Zoning Hearing Board approved the proposed
use of the property.
Mr. Blue explained that part of the Zoning Hearing Board submission, there was remapping of
the floodplain and soil testing, renderings of the proposed structure, traffic study and related
documents presented to the Township for review. Mr. Blue said that the Planning Commission
recommended the Applicant and Representatives meet with the surrounding neighbors
regarding the proposal. Mr. Blue said that a meeting was held on February 12, 2020 withWhitpain Township Planning Commission September 8, 2020 Page 2 of 9 neighbors and they spoke specifically about what sorts of buffering they would prefer. Mr. Blue explained that they agreed to amend the landscaping plan to include additional buffering and a berm along the driveway and the secondary emergency access. Mr. Blue said that additional landscaping was added on the westerly side of the property and on the eastern side, along the Stony Creek Railroad. Referencing the revised lighting plan, Mr. Blue said that there will be wall lighting on the building turned off by 10:00 PM every night. Mr. Blue shared that the hours of operation for the proposed facility would be 9:30 AM to 6:00 PM, Sunday hours from 9:00 AM to 5:00 PM and access hours from 6:00 AM to 9:00 PM. Mr. Blue said that there will be only one full-time employee working during regular hours. Mr. Blue explained that he and the Applicant are currently working to ensure that all review comments are addressed. Vice Chair Shorin asked if the Applicant would be able to comply with all concerns raised by Township Staff, specifically the comments from Township Engineer Jim Blanch. Mr. Blue said that he anticipates compliance with all comments but does have concern regarding Mr. Blanch’s disagreement with the waiver requested for landscaping. Mr. Blue said they have included excessive landscaping and buffering on the entire property and on the residency across the street to but explained his disinterest in additional buffering along the frontage of the property. Mr. Blue asked if Mr. Blanch was referencing the location along the Stony Creek Railroad that does not show additional landscaping. Mr. Blanch asked for specifics on the locations where the Applicant does not feel they can adhere to the ordinance. Mr. Blue explained that there are several utility lines along the front of the property restricting additional plantings but will place shrubbery along the street and parking lot. Mr. Blanch asked Mr. Blue to provide exactly where he cannot comply with the Township ordinance and the reasoning why. Mr. Blanch explained he needs more information on the hardship that would necessitate a waiver request. Mr. Blue said he would prepare that information for when they are seeking final Land Development approval. Vice Chair Shorin emphasized the need to soften the view from surrounding residents and agreed on the need for additional landscaping. Mr. Gambone explained their reasoning for the proposed landscaping further emphasizing the focus on making sure the neighboring properties more comfortable with the development. Mr. Gambone said fencing or additional landscaping could be added if it were required but it would not make much sense given its location. Vice Chair Shorin, referencing the Fire Marshal’s review comments, asked how the facility will make sure that no hazardous materials are stored inside of the facility, for example a lawn mower full of gasoline. Mr. Blue explained that the operator of the facility will screen users to ensure there are no combustible materials. Mr. Blue said that the building will include a sprinkler system. Mr. Gambone also referenced the use of security cameras on the inside and outside of the facility to monitor all items being brought inside the storage units. Vice Chair Shorin questioned the size and appearance of the signage and recommended it be tasteful and conforms to the surrounding community characteristics. Mr. Blue said that the proposed sign is on a stone base with earthy tones. Chair Corti confirmed a rendering of the proposed sign was provided to the Planning Commission and Township for review.
Whitpain Township Planning Commission September 8, 2020 Page 3 of 9 Mr. Rieker explained that the Applicant should submit for a partial Waiver from Land Development for the buffers and landscaping for parking areas requirements and specify exactly where they can and cannot comply with this ordinance requirement and justifications for non-compliance. Mr. Rieker echoed Mr. Blanch’s comments regarding the proposed signage. Mr. Blanch will confirm the proposal’s status of approval. Mr. Rieker confirmed for residents that the photometrics off-site will be 0.0, which complies with the Township’s lighting regulations. Mr. Blue said that there will only be security lighting on the building after 10:00 PM. Audience Comments Jeffrey Bydalek, 1907 Skippack Pike – Mr. Bydalek said his biggest concern regarding the proposed facility is how it will affect his property’s valuation. Mr. Blue said that after looking at an aerial image of the area, the distance from the proposed facility and Mr. Bydalek’s home is approximately 1,500 feet. Mr. Blue reassured Mr. Bydalek that there will be extensive landscaping and buffering in the northeast corner of the lot, further blocking any views from his home. Mr. Gambone said that he left a voicemail for Mr. Bydalek to discuss the proposal furthermore and would be willing to discuss his concerns. Mr. Gambone explained that with the railroad, floodplain and Turnpike overpass, the lot’s use is more properly suited for commercial development rather than residential. Mr. Gambone emphasized that their goal in developing the proposed facility was to contribute very little to traffic and have the aesthetics to conform to the surrounding area. Mr. Bydalek argued that he still does not understand how the proposed building would not negatively impact his property’s value and that he would prefer to see the lot stay undeveloped. Joyce Keller, Whitpain Township Board of Supervisors – Ms. Keller said she disagrees that the existing site is an eye sore and appreciates the greenery and trees. Ms. Keller said she would rather see the site remain as open space with the trees rather than allow the proposed facility. Ms. Keller questioned why there is consideration for a commercial use when the parcel is currently zoned residential. Ms. Keller asked why the proposal only shows the replacement of 40% of the trees while the zoning requires a 50% replacement. Ms. Keller shared her concern that the facility will produce a great increase in traffic along an already overly congested street. Mr. Gambone explained that the application has already received conditional approval as a commercial use in 2019. Mr. Blue explained that a large portion of the westerly side of the property will be left untouched and on the eastern side along the floodplain, the existing conditions will remain untouched apart from the addition of trees. Mr. Blue said all Woodland Canopy Ordinance requirements will be met. Deanna Stueber, 201 Oakmont Drive – Ms. Stueber argued that property values would not benefit from the proposed facility based on her recollection of other recent commercial developments. Ms. Stueber recommended the Applicant carefully consider all residents’ concerns.
Whitpain Township Planning Commission
September 8, 2020
Page 4 of 9
A motion was made by Vice Chair Shorin and seconded by Mr. O’Hara to recommend that the
Board of Supervisors approve the preliminary land development application for 1950 Skippack
Pike (LD-2-20) subject to referenced recommendations and compliance with all review letters
of Township Staff, Consultants and the Montgomery County Planning Commission. Chair
Corti made a formal roll call vote: Vice Chair Shorin, aye; Secretary McGowan, aye; Mr.
Habboush, aye; Mr. Fay, aye; Mr. Conway, aye; Mr. O’Hara, aye, and Chair Corti also voted
to pass this motion. The motion passed 7-0.
3. Review of a Subdivision and Land Development Application for the Blue Bell Springs
Residential Community (S-2-19 & LD-4-19). This amendment to the original subdivision
application involves a 2-lot subdivision of parcels located at 650 DeKalb Pike and the
construction of a community gazebo. The Blue Bell Springs development is located on the
east side of DeKalb Pike between Skippack Pike and Morris Road. The property is zoned R-
9 Residential Zoning District.
Present for the Applicant: Jeremiah Kaplan, Latham Realty
John VanLuvanee, Attorney
Scott Mill, Van Cleef Engineering Associates, LLC
Mr. VanLuvanee reminded the Planning Commission that the Blue Bell Springs Community
development was approved several years prior and on the original plan, a community center
was proposed on a remote lot location. Mr. VanLuvanee explained that this amendment would
allow for a gazebo on a different, more centralized lot in lieu of the previously proposed
community center. Mr. VanLuvanee said that the original lot would instead allow for the
placement of another mobile home. Mr. VanLuvanee noted that each property owner enters
into a lease agreement for the lot, but they are the sole owners of the mobile home. Mr.
VanLuvanee explained that the proposed amendment is only regarding the relocation of the
community pavilion and there will be no relocation of lots or change in the disturbance area.
Mr. VanLuvanee said that with the decision to construct a community pavilion instead of a
community center, residents will not be asked to pay additional fees. Mr. VanLuvanee shared
the results of a poll performed by Mr. Kaplan asking for residents’ preferences and has 96%
approval of the proposal amendment.
Regarding review letters from Township Staff and Consultants, Mr. VanLuvanee confirmed
that all concerns will be addressed. Mr. VanLuvanee said there will be an access road to the
pavilion site to allow for drop-off and pick-up but will not include any parking. Mr.
VanLuvanee expects the community pavilion to be used less frequently than a community
center and as a gathering site at a much lesser intensity. Mr. VanLuvanee said there is no
additional landscaping proposed surrounding the pavilion lot but will include signage stating
the allowed hours of usage. Mr. VanLuvanee said that the only lighting at the site will be
security lighting inside of the pavilion that will not create a glare.
Vice Chair Shorin recalled that at the June 2019 Planning Commission meeting, there were
residents that were unhappy with the proposal and that there should be further discussion
among the community. Vice Chair Shorin asked if Mr. Kaplan had an opportunity to reach out
to residents. Mr. VanLuvanee said that Mr. Kaplan sent release forms and surveys to all BlueWhitpain Township Planning Commission September 8, 2020 Page 5 of 9 Bell Springs Community residents regarding the amendment of the proposal and that 96% were returned in favor. Mr. Kaplan said that he has received responses from 130 out of 135 residents. Vice Chair Shorin said he would recommend the addition of landscaping to buffer the adjacent lots from the pavilion. Mr. Kaplan said that he has spoken to all eleven homeowners with lots that border the proposed pavilion, and all said that they approve of the proposal. Mr. Kaplan said that he intends to speak directly with the five remaining residents to assure they are satisfied with the proposal. Chair Corti asked if the homeowners of the adjoining lots were in favor or not in favor of additional landscaping. Mr. Kaplan said that landscaping was not discussed but their concern of hours of operation were addressed, noting that the pavilion will be accessible from dawn until dusk. Mr. Kaplan also mentioned that there will be no lamp posts or spotlights, dogs will not be allowed, and Latham Realty will maintain the property. Vice Chair Shorin shared concern for handicapped accessibility and asked if there has been any consideration to allow for residents that are unable to walk to the proposed pavilion to park on site. Mr. Kaplan said that residents will be able to access the pavilion using a driveway that leads directly to the entry allowing residents to be dropped off by vehicle. Mr. Kaplan also noted that the proposed pavilion will be centrally located making it more easily accessible for all residents of the community. Vice Chair Shorin understands that the community is an independent living community, however, still has concern for residents unable to physically walk to the site. Mr. Fay asked for the distance of the furthest lot and if all paths leading to the pavilion are accessible to a wheelchair or scooter. Mr. Mill said that access road is 10-feet wide. Mr. Kaplan confirmed all residences will have wheelchair access to the pavilion site. Vice Chair Shorin asked if there will be any additional cost to the residents. Mr. Kaplan said no. Vice Chair Shorin asked if the original lot will be left undeveloped. Mr. Kaplan said that there will be a mobile home put there in compliance with all land development provisions. Vice Chair Shorin expressed a level of frustration heard from residents in the June 2019 Planning Commission meeting regarding the proposal due to lack of communication or ability to share their opinions. Mr. VanLuvanee reiterated that residents agreed to such terms when they signed their lease agreements. Secretary McGowan asked what the time frame would be for the installation of the pavilion and mobile home placement. Mr. Kaplan said the construction of the pavilion is projected to begin immediately following approval and that while there has been interest in the residential lot, there has not been a lease agreement signed affirming when a mobile home would be placed. Secretary McGowan asked if there is a definite commitment to the construction of the pavilion. Mr. Kaplan said yes. Mr. VanLuvanee asked Mr. Kaplan if he could confirm the pavilion will be installed by mid-2021 once he receives final approval. Mr. Kaplan said yes and would prefer to have it installed before the end of 2020.
Whitpain Township Planning Commission September 8, 2020 Page 6 of 9 Mr. Conway asked if the Applicant could provide written proof that 96% of the community is in favor of the proposal. Mr. VanLuvanee said a summary of the survey responses would be submitted to the Township. Mr. Kaplan agreed. Mr. Miller asked if the survey results were collected before or after the June 2019 Planning Commission meeting. Mr. Kaplan said the majority were collected before the meeting and a few were collected after. Mr. Miller recounted the pushback from the community at the previous meeting regarding the proposal. Mr. Rieker reminded the Applicant to obtain the proper permitting from the Township’s Code Enforcement Department prior to construction. Mr. Rieker recommended configuring a focus group to assist in the management of the pavilion and to help develop the rules and regulations. Audience Comments Marie Guilardi, 523 Blue Bell Springs Drive – Ms. Guilardi asked why no additional landscaping along the perimeter is being considered and said that she would prefer to see buffering as she is adjacent to the lot. Mr. Kaplan said that there are no current trees on the current lot and that there are none required. Mr. VanLuvanee explained that the proposed use is projected as a quiet and passive recreational space. Mr. Kaplan said that the pavilion will allow for people to sit and gather, however there will be no barbeque pits or benches to facilitate intensified activity. Ms. Guilardi said that she would prefer the addition of shrubbery to act as a buffer along the side and back of the lot. Mr. Kaplan said that the proposed pavilion would be in the center of the lot to assure it is not too close to a residence. Mr. Kaplan said he has spoken with the twelve homeowners whose properties adjoin the lot in question, including Ms. Guilardi, and was under the impression all comments and concerns had been considered. Sandy Kuritzky, 424 Honeysuckle Lane – Ms. Kuritzky said that she sent a letter to Mr. Blanch on September 2, 2020 that was forwarded to Mr. Kaplan. Ms. Kuritzky said she had received a phone call from Mr. Kaplan after that and was able to speak with him about the proposed improvements. Ms. Kuritzky was reminded by Mr. Kaplan that her and her husband signed a survey in support of the proposal, however she has not heard any updates since. Ms. Kuritzky said she questioned who would maintain the community pavilion and was told that all trash, cleaning and miscellaneous maintenance would be done by Latham Realty. Ms. Kuritzky questioned if the pavilion and access would be Americans with Disabilities Act (ADA) compliant considering there are several residents that require the use of a wheelchair or scooter due to mobility issues. Ms. Kuritzky asked who would be responsible for the monitoring the pavilion to make sure all rules and regulations are being adhered to. Ms. Kuritzky asked if the proposed pavilion is considered a recreational use according to the Township’s zoning code. Ms. Kuritzky asked if the proposed pavilion would meet the Township’s provisions including pedestrian and vision accessibility to all residents. Mr. Blanch said that Ms. Kuritzky’s September 2, 2020 letter was also shared with all the members of the Planning Commission.
Whitpain Township Planning Commission September 8, 2020 Page 7 of 9 Mr. VanLuvanee said that no community facilities are required in the R-9 zoning district making Ms. Kuritzky’s comments regarding the zoning code unrelated to the proposal. Mr. VanLuvanee restated that the access road will be wide enough to accommodate vehicles as well as any resident in a motorized scooter. Mr. VanLuvanee said that if there are applicable ADA requirements in connection with the pavilion specifically, they would be satisfied prior to obtaining a building permit. Mr. VanLuvanee explained that the impact on the residents surrounding the lot will be mitigated by the fact that parking will not be allowed, compared to a community center. Ms. Kuritzky asked if the Township Staff is satisfied with the current submissions by the Applicant. Mr. Blanch said that the plans have been reviewed and a review letter has been issued to the Applicant. Mr. Blanch echoed Mr. VanLuvanee’s confirmation that they will comply with all comments. Mr. Blanch said that once the Applicant submits revised plans, he would be satisfied providing conditional approval, pending all review comments are addressed. Ms. Kuritzky questioned if the residents who have moved in since the survey was conducted have been considered in the final approval percentages. Mr. VanLuvanee and Mr. Kaplan both confirmed all current residents have been surveyed. Ms. Kuritzky is unhappy that she has not had any communication with Latham Realty since the survey in 2018. Mr. VanLuvanee explained that there have been no changes to the plans presented at that time. Ms. Kuritzky said she is disappointed with the lack of communication. Mr. Kaplan said that he is always available to discuss any concerns. Chair Corti asked if Mr. Kaplan would reach out to Ms. Kuritzky to further explain the proposal. A motion was made by Vice Chair Shorin and seconded by Mr. Conway to recommend that the Board of Supervisors approve the land development application for Blue Bell Springs Residential Community (S-2-19 & LD-4-19) subject to compliance with all review letters of Township Staff, Consultants and the Montgomery County Planning Commission, the addition of shrubbery along the perimeter and the creation of a community group to establish rules and regulations of the proposed pavilion. Mr. Kaplan said he disagrees with the requisition of a community group because Blue Bell Springs is a land lease community and does not have a homeowner’s association. Mr. Kaplan said he does not welcome participation in the management of the community. Mr. Kaplan said he has discussed with all community members the proposal, rules and regulations and the furniture that will be provided for the community’s use in the pavilion. Vice Chair Shorin said that the several comments and letters received from the community’s residents show a disconnect between the management and Mr. Kaplan’s presentation. Vice Chair Shorin recalled the contentious June 2019 Planning Commission meeting when the proposal was last heard and said he sees that nothing has been amended as the residents are still voicing the same concerns. Mr. Kaplan said that he has written agreement from all residents that they have been made aware of all details of the proposed pavilion. Mr. Conway echoed Vice Chair Shorin’s comments saying that this is the second meeting where at least one resident has complained about the lack of communication. Chair Corti made a formal roll call vote: Vice Chair Shorin, aye; Secretary McGowan, aye; Mr. Habboush, aye; Mr. Fay, aye; Mr. Conway, aye; Mr. O’Hara, aye, and Chair Corti also
Whitpain Township Planning Commission
September 8, 2020
Page 8 of 9
voted to pass this motion. Mr. Fay voted yes on the motion but was not in favor of requiring
the Applicant to provide additional plantings or creation of a group of Blue Bell Springs
residents to establish rules and regulations. The motion passed 7-0.
4. Review current Zoning Hearing Board cases:
a. NO. 2247-20: GREG AND HEATHER SUDLOW request variances from Article V,
Section 160-19 relating to Rear Yards, Article V, Section 160-21 relating to Accessory
Buildings or Structures and Article XXVIII, Section 160-204 relating to Residential Rear
Yard Intrusions to permit the placement of a medium sized shed and allow construction of
a two story, 40 foot by 20 foot addition onto their property at 199 Morris Road, Ambler,
PA in the Township’s R-1 Residential District. Applicant’s requested relief, if granted, will
(1) permit the shed to be located in the front yard less than 10 feet from the lot line when
the Ordinance prohibits same and (2) allow the new, two-story addition to project into the
rear yard of the property when the Ordinance prohibits same; and (3) will allow the rear
yard setback to be reduced to 54 feet when the Ordinance requires a minimum of 75 feet.
Present for the Applicant: Greg Sudlow, Applicant
Mr. Sudlow explained that his property is a corner lot and the variances being sought are
to accommodate an accessory structure and addition on the existing dwelling. Mr. Sudlow
said that the plans have been revised to show the accessory structure be relocated to the
yard parallel to Morris Road. Mr. Sudlow said that the proposed addition will be used for
additional living space and a second story bedroom. Mr. Sudlow stated that the proposed
improvements conform to the style of surrounding neighbors and chose the least intrusive
locations for the accessory structure and addition.
Vice Chair Shorin said he believes the proposal is reasonable and suggested Mr. Sudlow
bring pictures of the lot, specifically showing how the landscaping will buffer the proposed
accessory structure.
Mr. Sudlow said that one neighbor expressed concern for unattractive sight lines regarding
the original placement of the accessory structure but has been since relocated. Chair Corti
recommended bringing letters of support to the September 17th Zoning Hearing Board
meeting.
Chair Corti stated that typically the Planning Commission remains neutral on Zoning
Hearing Board applications. The Planning Commission chose to remain neutral on the
subject application.
5. Review pertinent planning issues.
Mr. Fay said that he has noticed the concern for ‘valuation’ come up at several meetings and
shared that he had found a study from Mississippi regarding storage units that showed that they
do not affect the value of surrounding properties. Mr. Fay questioned if valuation studies could
be requested, similarly to traffic impact studies. Chair Corti agreed that it would be beneficialWhitpain Township Planning Commission September 8, 2020 Page 9 of 9 to have the valuation study, however it would be difficult to assign the cost. Mr. O’Hara explained that a valuation study would be considered heavily subjective and that it would be challenging to quantify. Mr. Fay said that he would consider recommending a future applicant to invest in a valuation study if the concern was raised again. Secretary McGowan agreed with Mr. O’Hara’s comments noting that the appraiser would likely be biased. Chair Corti asked Mr. Blanch if there is confirmation of an informal presentation to be heard at the October 6th Board of Supervisors meeting regarding the property in front of Whitpain Hills. Mr. Blanch will confirm and report back to the Planning Commission. Vice Chair Shorin asked if the Planning Commission will begin holding a work session prior to future virtual meetings. Chair Corti said that he will discuss with Township Staff and will report back to the Planning Commission. There being no further business to come before the Commission, a motion was made by Mr. O’Hara, and seconded by Secretary McGowan to adjourn. Chair Corti made a formal roll call vote: Vice Chair Shorin, aye; Secretary McGowan, aye; Mr. Habboush, aye; Mr. Conway, aye; Mr. O’Hara, aye; Mr. Fay, aye, and Chair Corti also voted to pass this motion. The motion passed 7-0. The meeting adjourned at 9:15 PM. Respectfully submitted, Cathy McGowan, Secretary
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